Briefing UNSC: discussion of the UNRWA scandal and ICJ decree regarding Israel’s allegations of genocide

Translated by Valeria D’Alessandro

The agenda of the UN Security Council meeting on January 31^st was to discuss the judgment of the International Court of Justice (ICJ) and the UNRWA scandal (UN Relief and Works Agency for Palestine Refugees in the Near East). The meeting was requested by Algeria, a new non-permanent member, just a few days after the previous one. The Security Council convened to discuss the recent provisional judgment issued by the International Court of Justice in the Hague regarding the charges of genocide brought by South Africa against Israel. During the meeting the UNRWA defended its position regarding the judgment given by the International Court of Justice in the Hague.

According to UN’s humanitarian experts, last week landmark decision should guarantee the protection of civil rights in Gaza, where the population is facing a critical humanitarian situation. Before the Security Council meeting, they emphasized the urgent need of applying the court’s orders to protect the very existence of the Palestinian population from potentially genocidal actions ordered by Israel. The Court declared last Friday that the acts performed by Israel could constitute genocide and imposed six provisional measures. Among these, Israel was ordered to prevent and punish incitement to genocide, to ensure that aid and services could reach the Palestinians under siege in Gaza, and to preserve evidence of the crimes committed.

The UN Emergency Relief Coordinator, Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, reported that several violent clashes are taking place around the Khan Younis Hospital, forcing thousands of people to flee the city of Rafah, which already hosts around 2 million of Palestinian refugees. According to Gaza Health Ministry, over 26,000 people were killed and more than 65,000 injured, whit the majority of the victims being women and children. Additionally, over 60% of house have been destroyed or damaged, and 75% of Gaza population has been forced to leave their home. There is almost no clean water source available. Griffiths highlighted that the ability of the aid community to provide the area with the necessary assistance is severely insufficient and called for safer conditions to be established in order to reach the population in need throughout all of Gaza territory. He also highlighted the importance of UNRWA in the humanitarian response and expressed concern over the attacks targeting the agency’s personnel. Griffiths stressed that the humanitarian response in the Palestinian occupied territory depends on an adequate funding and the effective functioning of UNRWA and called for the decision to withhold the agency’s funds to be reversed. He concluded by appealing for an immediate ceasefire and for the the international humanitarian law to be respected by all parties, as well as the immediate release of all hostages. He asked the Council to do all in their power to put an end to this tragedy.

The recent decision of the International Court of Justice was emphasized by Amar Bendjama, the Algerian ambassador, who stressed that the UN and the international community have made efforts to ensure that no offender would remain unpunished and evade responsibility; thus, Israel should not represent an exception to the rule. Moreover, he affirmed that it is of paramount importance to protect future generations from atrocities like those committed in Gaza. He added that the temporary measure imposed by the UN International Court of Justice should be effectively implemented to protect the Palestinian population from genocide.

During her intervention, Linda Thomas-Greenfield, the US ambassador to the UN, stressed that the temporary measures ordered by the International Court of Justice (ICJ) are in line with the idea that Israel should have the right to self-defense, provided that all operations are conducted in compliance with the international humanitarian law. She then specified that the Court did not mandate a ceasefire and determined that Israel did not violate the Convention on Genocide. Instead, she has underscored the importance of seeking a diplomatic solution and affirmed that the US is working to secure the release of hostages in Gaza, making an offer that could lead to an end to the conflict. Thomas-Greenfield stressed that it is now Hamas’ turn, as the real initiator of this war, to make a choice: either accept or refuse the offer. She then pointed out that the Security Council should increase pressure on Hamas, to convince them to make the right choice. Additionally, the ambassador addressed the issue of the UNRWA funds, expressing the need for more thorough and expedited investigations into the action of some employees to restore the trust of supporters. She then added, that withholding funds was not a punitive measure, but rather a warning signal to compel UNRWA to ensure fundamental changes to prevent the recurrence of similar incidents.

The Chinese ambassador, Zhang Jun, declared that the temporary measures adopted by the International Court of Justice represent a firm resolution to protect civilians in Gaza. Moreover, China asked for greater diplomatic efforts and the organization of an international peace conference, along with advocating for Palestine’s full membership to the UN. Zhang also directly addressed the allegations against UNRWA (UN Relief and Works Agency for Palestine Refugees in the Near East). According to these allegations, the agency would be involved in the October 7^th terroristic attacks in Israel, so, Zhang asserted, a thorough and impartial investigation is needed. However, Zhang emphasized that the actions of a few should not divert attention from the humanitarian crisis unfolding in Gaza. Consequently, China urged the main supporters to reconsider their decision to suspend the funds to UNRWA and to continue supporting it during the investigations.

According to the Russian ambassador Vassily Nebenzia, the cuts to UNRWA fundings made by the US are occurring in a tragic humanitarian context. Nebenzia contends that the suspicion raised against 12 members of the staff should not be used to discredit the whole agency structure and undermine its fundamental activities, which provide support to millions of people in the Palestinian occupied territories and nearby Arab countries. Finally, the Russian ambassador finds the provocative rhetoric of various representative of the Israeli leadership quite alarming, as they call for the elimination of UNRWA from the enclave and the forced displacement of the Palestinians, claiming that a similar scenario should not be carried out under any circumstance.

The Palestinian diplomat Riyad Mansour declared that the recent temporary decision of the International Court of Justice represents a sever criticism to the ones who sustained the groundlessness of the genocide charges against Israel. Mansour invited everybody to focus on the temporary measures adopted by the Court and to consider them as binding for Israel. He stressed that 13 members of the Security Council and numerous Member States have sustained an immediate ceasefire and added that the lack of action/willpower in putting an end to this atrocious war could be defined as a crime.

Brett Jonathan Miller, Israel’s Permanent Deputy Representative, pointed out that a terroristic organization recently perpetrated a genocide attack on the 7^th of October, but the Security Council did not formally condemn these actions. Miller criticized the fact that the message that has been conveyed is that Israeli hostages are not important and are not worth of attention. Moreover, Miller highlighted that, despite the false allegations made against Israel, the country is committed to respecting the law and showing humanity, while Hamas’ disregards for laws is ignored during the discussions. Miller also added that the accusation of genocide is a distortion of the Convention on Genocide, just as he considers the interpretation of the International Court of Justice’s temporary measures to be misleading. Miller expressed his approval of the decision to suspend funds to UNRWA after discovering that some of the employees were involved in the attacks of the 7^th of October.

Mathu Joyini, the South African ambassador, declared in her intervention that the recent events in Gaza have shown that Israel is violating the international law, including committing acts of genocide according to the Convention on Genocide. The recent decree of the ICJ on the temporary measures requested by South Africa has stated that Israel’s actions are “feasibly genocidal”. Joyini has pointed out that these measures are binding for Israel and defined the decision of the Court as a victory for international rule of law and justice to the Palestinians. Following the Court’s decision, all states are required to suspend funding and to avoid facilitating Israel military actions, which are considered possible acts of genocide. However, Joyini criticized the Israeli government for not ceasing their illegal operations despite the decree of the Court. South Africa will continue to do its utmost to protect the Palestinians, to end the apartheid and genocide, and to uphold their right to self-determinations. South Africa appreciated the quick response of the UN in conducting an investigation of UNRWA’s personnel, but she expressed concern about the cuts to the agency’s funds, urging donors to reconsider their decision.

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